I would say yes. Parents in the second case should also be prosecuted, at least for negligance. They did not do everything within reason to care for their child.....same idea as parents who don't properly install a car seat or childproof their house, and are brought up on negligance charges.

Funny case of an anti-vaccer who's kid died from a preventable illness (I think it was CA)....judge asked her "You're against vaccines, and you vaccinated your dog but not your son?" Her response? "It's required by law for my dog."

I'd take it one step further. If a by-choice unvaccinated person infects someone who medically ISN'T able to be vaccinated, causes that unvaccinated person harm, then they should also be charged......if they die, manslaughter, or for redress of pain/suffering/financial harm